Supreme Court Sides with Michigan on Line 5

The United States — Supreme Court of the United States unanimously ruled that United States — Michigan's lawsuit against Enbridge, seeking to shut down a section of the Line 5 pipeline under the Straits of Mackinac, will remain in state court. Justice Sonia Sotomayor stated that Enbridge waited too long to transfer the case to federal court. This decision allows United States — Michigan Attorney General Dana Nessel to continue her 2019 lawsuit, which aims to void the easement allowing Enbridge to operate the pipeline. The Line 5 pipeline, operational since 1953, has been a source of environmental concern due to its age and past incidents, including protective coating gaps and anchor damage. Separately, United States — Michigan Governor Gretchen Whitmer had revoked the easement in 2020, leading to another federal lawsuit by Enbridge, which is still ongoing. Enbridge is also seeking permits to encase the pipeline section in a tunnel, requiring approvals from entities like the United States — United States Army Corps of Engineers and the United States — Michigan Department of Environment, Great Lakes, and Energy. Furthermore, United States — Wisconsin is involved in a separate legal dispute with Enbridge regarding Line 5, with a federal judge ordering a partial shutdown on the Bad River Band of the Lake Superior Tribe of Chippewa Indians's reservation, which Enbridge is appealing.